Federal Register: August 17, 2006 (Volume 71, Number 159)
DOCID: FR Doc 06-6990
OFFICE OF PERSONNEL MANAGEMENT
Treasury Department
CFR Citation: 5 CFR Parts 531 and 550
RIN ID: RIN 3206-AL09
NOTICE: Part VI
DOCUMENT ACTION: Interim rule with request for comments.
SUBJECT CATEGORY:
Locality-Based Comparability Payments and Evacuation Payments
DATES: Effective Date: The interim regulations are effective on September 18, 2006.
Comment Date: Comments must be received on or before October 16, 2006.
DOCUMENT SUMMARY:
The Office of Personnel Management (OPM) is issuing interim regulations concerning pay actions for employees affected by a pandemic health crisis. The interim regulations clarify the rules for determining an employee's official worksite when he or she teleworks from an alternative worksite during an emergency situation, such as a pandemic health crisis. In addition, the interim regulations permit an agency to provide evacuation payments to an employee who is ordered to evacuate from his or her regular worksite and directed to work from home (or an alternative location mutually agreeable to the agency and the employee) during a pandemic health crisis. These regulations are issued as part of OPM's efforts to provide agencies with guidance to ensure they are able to fulfill their critical missions while at the same time protect their employees should a pandemic health crisis occur.
SUMMARY:
Personnel Management Office,
SUPPLEMENTAL INFORMATION
The Office of Personnel Management (OPM) is issuing interim regulations concerning pay actions for employees affected by a pandemic health crisis. These interim regulations (1) clarify the rules for determining an employee's official worksite for the purpose of identifying his or her locationbased pay entitlements when the employee teleworks from an alternative worksite during an emergency situation such as a pandemic health crisis and (2) authorize agencies to provide evacuation payments to an employee who is ordered to evacuate from his or her regular worksite and directed to work from the employee's home (or an alternative location mutually agreeable to the agency and the employee) during a pandemic health crisis. Official Worksite
On May 31, 2005, OPM issued interim regulations to define the requirements for determining an employee's official worksite to identify an employee's locationbased pay entitlements, including special rate supplements and locality payments (70 FR 31278). Generally, an employee's official worksite is the location of the position of record where the employee regularly performs his or her duties and the employee is entitled to the locality rate (or special rate supplement) designated for the official worksite. If the employee is covered by a telework agreement and if the employee is scheduled (while in duty status) to report at least once a week, on a regular and recurring basis, to the regular worksite for the employee's position of record, then the regular worksite is the employee's official worksite. The employee is entitled to the locality rate designated for the regular worksite. However, if a telework employee is not scheduled to report at least once a week on a regular and recurring basis to the regular worksite, the telework site is the official worksite and the employee is entitled to the locality rate designated for the telework site. (See 5 CFR 531.605(d)(1) and (2).) Under 5 CFR 531.605(d)(3), an agency may make a temporary exception to these rules in appropriate situations, such as an employee recovering from an injury or medical condition that prevents commuting to the regular worksite.
During an emergency situation, such as a pandemic health crisis, an agency may direct a telework employee to work from his or her telework site for the duration of the emergency, and the employee may be prevented from reporting at least once a week on a regular and recurring basis to the regular worksite. In these interim regulations, we are amending 5 CFR 531.605(d)(3) to clarify that an agency may make a temporary exception to the requirement that a telework employee must report at least once a week on a regular and recurring basis to the regular worksite. An agency may make a temporary exception when the telework employee is affected by an emergency situation (such as a pandemic health crisis), which temporarily prevents him or her from commuting to the regular worksite. In such emergency situations, the employee would continue to be entitled to the locality rate for the regular worksite.
Evacuation Payments
Executive agencies may authorize evacuation payments under sections 5522 and 5523 of title 5, United States Code, to employees whose departure from a place inside or outside the United States is officially authorized or ordered from any place where there is imminent danger to the lives of the employees. Section 5523(b) of title 5, United States Code, and OPM's regulations at 5 CFR 550.403(c), also provide that additional special allowances may be granted to evacuated employees to offset the direct added expenses incident to their evacuation.
These interim regulations add a new section at 5 CFR 550.409 to permit an agency to order its employees to evacuate from their worksites and perform work at home during a pandemic health crisis. The agency may designate an employee's residence (or an alternative location mutually agreeable to the agency and the employee) as a safe haven and provide evacuation payments under 5 U.S.C. 5523. Evacuated employees may be assigned to perform any work considered necessary or required to be performed during the period of evacuation without regard to the grades, levels, or titles of the employees. However, the employee must have the necessary knowledge and skills to perform the assigned work. An employee's failure or refusal to perform assigned work may be a basis for terminating evacuation payments, in addition to disciplinary action.
Currently, additional special allowances, including travel expenses
and per diem, may be paid to an evacuated employee to offset any direct
added expenses incurred as a result of the employee's evacuation under
5 U.S.C. 5523(b) and 5 CFR 550.403(c). OPM has determined similar
authority is appropriate during a pandemic health crisis. The interim
regulations at 5 CFR 550.409(b) permit the head of an agency, in his or
her sole and exclusive discretion, to grant special allowance payments,
based upon a casebycase analysis, to offset the direct added expenses
incident to performing work from home (or an alternative location
mutually agreeable to the agency and the employee) during a pandemic health crisis.
[[Page 47693]]
Waiver of Notice of Proposed Rule Making and Delayed Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists for waiving the general notice of proposed rulemaking. In response to a potential pandemic influenza event, the President recently issued the Federal Government's Implementation Plan for the National Strategy for Pandemic Influenza. This proposal has been fashioned in furtherance of that plan. In light of the imminence of the potential threat, providing an advance notice and comment period, before these regulations become effective, would be both impracticable and against the public interest. Accordingly, a waiver of the requirements for proposed rulemaking is justified under these circumstances.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to Federal agencies and employees.
List of Subjects in 5 CFR 531 and 550
Administrative practice and procedure; Claims; Government
employees; Reporting and recordkeeping requirements; Wages. Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, OPM is amending parts 531 and 550 of title 5 of the Code of Federal Regulations as follows:
PART 531PAY UNDER THE GENERAL SCHEDULE
1. The authority citation for part 531 continues to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Public Law
10389, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991
Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305,
5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5
U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued under 5 U.S.C.
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5338; and
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 13106, 63 FR 68151, 3 CFR, 1998 Comp., p. 224.
Subpart FLocalityBased Comparability Payments
2. In Sec. 531.605, revise paragraph (d)(3) to read as follows:
Sec. 531.605 Determining an employee's official worksite. * * * * *
(d) * * *
(3) An authorized agency official may make a temporary exception to
the requirements in paragraphs (d)(1) and (2) of this section in
appropriate situations of a temporary nature, such as the following:
(i) An employee is recovering from an injury or medical condition; or
(ii) An employee is affected by an emergency situation, which
temporarily prevents the employee from commuting to his or her regular official worksite.
* * * * *
PART 550PAY ADMINISTRATION (GENERAL)
3. The authority citation for subpart D of part 550 continues to read as follows:
Authority: 5 U.S.C. 5527; E.O. 10982, 3 CFR parts 19591963, p. 502.
4. In subpart D, add Sec. 550.409 to read as follows:
Sec. 550.409 Evacuation payments during a pandemic health crisis.
(a) An agency may order one or more employees to evacuate from
their worksite and perform work from their home (or an alternative
location mutually agreeable to the agency and the employee) during a
pandemic health crisis. Under these circumstances, an agency may
designate the employee's home (or an alternative location mutually
agreeable to the agency and the employee) as a safe haven and provide
evacuation payments to the employee. An agency must compute the
evacuation payments and determine the time period during which such
payments will be made in accordance with Sec. 550.404. An evacuated
employee at a safe haven may be assigned to perform any work considered
necessary or required to be performed during the period of evacuation
without regard to his or her grade, level, or title. The employee must
have the necessary knowledge and skills to perform the assigned work.
Failure or refusal to perform assigned work may be a basis for
terminating evacuation payments, as well as disciplinary action.
(b) The head of an agency, in his or her sole and exclusive
discretion, may grant special allowance payments, based upon a caseby
case analysis, to offset the direct added expenses incidental to
performing work from home (or an alternative location mutually
agreeable to the agency and the employee) during a pandemic health crisis.
(c) An agency may terminate evacuation payments under the
conditions listed in Sec. 550.407. An agency must make any necessary
adjustments in pay consistent with Sec. 550.408 after the evacuation is terminated.
[FR Doc. 066990 Filed 81606; 8:45 am]
BILLING CODE 632539P
FOR FURTHER INFORMATION CONTACT
Vicki Draper by telephone at (202)
6062858; by fax at (202) 6060824; or by email at
payperformancepolicy@opm.gov.